TB1-02740

TB1-02740

The panel rejected the claims because the claimants failed to rebut the presumption of adequate state protection in Hungary with clear and convincing evidence and failed to take or document all reasonable steps to seek protection; credibility findings (omitted education, lack of medical corroboration) further undermined the claim, so they are neither Convention refugees nor persons in need of protection.

Citation
TB1-02740
Parties
Principal Claimant: XXXX XXXX XXXX; Spouse: XXXX XXXX XXXX; Child: XXXX XXXX XXX; Child: XXXXX XXXX XXX; Child: XXXXX XXXX; Designated Representative: XXXX XXXX; Adjudicator: Michael S. McCaffrey
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 November 2012
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision
Outcome
Claimants' claims rejected; not Convention refugees and not persons in need of protection.
Legal Topics
Convention Refugee, State Protection, Credibility Findings, Persecution, Discrimination Against Roma
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee State Protection Credibility Findings Persecution Discrimination Against Roma

Case Brief

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Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Spouse

XXXX XXXX XXX

Child

XXXXX XXXX XXX

Child

XXXXX XXXX

Child

XXXX XXXX

Designated Representative

Michael S. McCaffrey

Adjudicator

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision

Legal Issues

  1. 1 Whether the claimants meet the definition of a Convention refugee
  2. 2 Whether the claimants are persons in need of protection
  3. 3 Whether state protection in Hungary is adequate

Ratio Decidendi

The panel rejected the claims because the claimants failed to rebut the presumption of adequate state protection in Hungary with clear and convincing evidence and failed to take or document all reasonable steps to seek protection; credibility findings (omitted education, lack of medical corroboration) further undermined the claim, so they are neither Convention refugees nor persons in need of protection.

Court Disposition

Claimants' claims rejected; not Convention refugees and not persons in need of protection.

Orders

  • Claims rejected